When to start filing?

[Nathan&Min]

Hello, I'm not new to this site, and I just can't seem to find information about this:

 

My wife is J-1 Visa 2 year rule bound, and so she can't get her green card until living here in China for 2 years (we arrived July 8th, 2015)

 

When should I start filing at GZ? We would like to get to the states without delay, and since she is a CCP member (rank and file) she will need the extra bit of time to do a background check or whatever the USCIS does with that time. Could I potentially just apply right now and then have the interview next year, and then get the visa whenever the 2 years are up?

 

Thanks

 

Nathan

[dnoblett]

If you are living in China you should be direct filing (DCF) the petition to the USCIS office in Beijing or Guangzhou depending on where you are living.

 

They may allow you to file the petition a couple months prior to the J-1 condition being met. As for the CCP issue, plan on several months post visa interview processing.

 

Study topics tagged DCF, HRR, J-1

[Nathan&Min]

If you are living in China you should be direct filing (DCF) the petition to the USCIS office in Beijing or Guangzhou depending on where you are living.

 

They may allow you to file the petition a couple months prior to the J-1 condition being met. As for the CCP issue, plan on several months post visa interview processing.

 

Study topics tagged DCF, HRR, J-1

Even if my wife isn't eligible to emigrate right now, she can still start applying? How early is too early? She won't be able to actually emigrate until July 9th, 2017.

[dnoblett]

 

If you are living in China you should be direct filing (DCF) the petition to the USCIS office in Beijing or Guangzhou depending on where you are living.

 

They may allow you to file the petition a couple months prior to the J-1 condition being met. As for the CCP issue, plan on several months post visa interview processing.

 

Study topics tagged DCF, HRR, J-1

Even if my wife isn't eligible to emigrate right now, she can still start applying? How early is too early? She won't be able to actually emigrate until July 9th, 2017.

 

I would try to file it DCF around May or June 2017

 

If filed now it may be placed in a holding pattern until the HRR has been satisfied, or it may be rejected and told to file it closer to the date HRR is satisfied.

[Nathan&Min]

 

 

If you are living in China you should be direct filing (DCF) the petition to the USCIS office in Beijing or Guangzhou depending on where you are living.

 

They may allow you to file the petition a couple months prior to the J-1 condition being met. As for the CCP issue, plan on several months post visa interview processing.

 

Study topics tagged DCF, HRR, J-1

Even if my wife isn't eligible to emigrate right now, she can still start applying? How early is too early? She won't be able to actually emigrate until July 9th, 2017.

 

I would try to file it DCF around May or June 2017

 

If filed now it may be placed in a holding pattern until the HRR has been satisfied, or it may be rejected and told to file it closer to the date HRR is satisfied.

 

 

 

We were planning on being back in the US by July of next year right when her HRR is up. We were thinking of starting the process this fall, because the CCP issues can add another 2-6 months onto the time. I feel like May of next year seems a tad late, no?

[dnoblett]

The consulate will not interview until after the J-1 HRR has been satisfied, the CCP issue will not be looked at or handled before the interview, there will be several months wait after the interview for the automatic CCP waiver to be processed.

 

A DCF filing usually take 2 - 3 months from filing to interview, this is why I say May to file, perhaps as early as April.

[Randy W]

You have two points of flexibility as far as timing once you have filed, whether stateside or DCF - one is when you interview. The interview can be delayed by up to a year, and then the visa can be used up to six months - BEFORE the expiration date - after it is awarded.

 

But it sounds like what you want to do is to interview and then use the visa as soon as possible.

 

So you want to try to TIME the interview for July, realizing that there will be a delay AFTER the interview for the CCP issues.

 

So you could file stateside as early as this fall, like you suggested, or DCF early next year and EXPECT the timing to work out reasonably well for a possible July, 2017 interview.

[Randy W]

While you're waiting, you may wish to check out this essay on handling the CCP issue

 

CCP Membership Issues

CCP Essay: Download MS Word Document contributed by member, Cathy & Bruce